SOLOMON vs. KUMASSAH AND ANOTHER [1961]DLHC5506

Date	1961-11-20
Suit No.
Citation No.	[1961]DLHC5506

PREMPEH J.

G. S. LASSEY FOR THE PLAINTIFF.

E. KOM FOR THE FIRST DEFENDANT

SECOND DEFENDANT NOT REPRESENTED

AND DID NOT APPEAR AT THE TRIAL.

[1961]DLHC5506
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">SOLOMON<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">KUMASSAH AND ANOTHER<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, HO]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">[1961] GLR 185&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 20TH NOVEMBER, 1961.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

G.
S. LASSEY FOR THE PLAINTIFF.<o:p></o:p>

E.
KOM FOR THE FIRST DEFENDANT.<o:p></o:p>

SECOND
DEFENDANT NOT REPRESENTED, AND DID NOT APPEAR AT THE TRIAL.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

PREMPEH, J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
PREMPEH J.<o:p></o:p>The plaintiff as the administratrix and customary successor of the
late Kodzovi Klugah, deceased claimed for the benefit of the dependants of the
said late Kodzovi Klugah against the defendants jointly and severally the sum
of £G6,080 by way of damages being as to £G80 special damage, and £G6,000
general damages, for damage and injury and loss suffered by the said dependents
as a result of the negligence of the second defendant the driver and servant of
the first defendant, in causing the death of the said Kodzovi Klugah.<o:p></o:p><o:p>&nbsp;</o:p>The dependants on whose behalf damages were claimed against the
defendants are (a) the plaintiff herself, Madam Mary Afiwa Solomon, the uterine
sister of the deceased Kodzovi Klugah, (b) Moses Kofi Klugah, aged thirteen
years, son of the deceased, (c) Charles Komla Klugah, aged eleven years, son of
the deceased, (d) Adjovi Klugah aged eight years daughter of the deceased and
(e) Madam Mieso Klugah widow of the deceased.<o:p></o:p>In paragraph 4 of her statement of claim, the plaintiff pleaded
that on or about the 21st December, 1960, the late Kodzovi Klugah was lawfully
on the Keta to Denu road near Sallakope village when the second defendant, the
driver and servant of the first defendant so carelessly and recklessly and negligently
drove the first defendant’s tipper truck No. T.V. 216 on the Keta to Denu road
that it violently struck down the said Kodzovi Klugah, whereby he sustained
fatal injuries from which he died.<o:p></o:p>The defendants did not defend the suit as to the question of
negligence, and on the 25th October, 1961, interlocutory judgment was entered
for the plaintiff and against the defendants jointly and severally. Hearing as
to quantum of damages which the first defendant contested was fixed for the
31st October, 1961. On that date, on the application of counsel for the first
defendant the matter was adjourned to the 7th November, 1961, to enable him to
carry out negotiations for a settlement with the plaintiff; but on the 7th
November, 1961, the court was informed that no agreement had been reached. In
the meantime defence counsel had filed an application for an order of this
court to set aside the interlocutory judgment entered for the plaintiff herein.
When the motion was called, counsel withdrew it, and the application was
accordingly struck out. Evidence was then led by and on behalf of the plaintiff
as to the quantum of damages.<o:p></o:p><o:p>&nbsp;</o:p>In describing the position and mode of living of the deceased, the
plaintiff told the court that she lived with her late brother Kodzovi Klugah
who carried on business in his lifetime as a kente weaver and a farmer, and
also a fisherman having his own fishing net, and that his average net income
was £G55 per month. The plaintiff further told the court that the deceased was
solely responsible for the maintenance and educational training of his three
children and that out of his earnings he spent £G20 on the two boys Moses and
Charles Klugah who were then living and attending school at Denu. It is to be
noted from the evidence of P.W.2 that six months prior to his death, the
deceased had sent his daughter Adjovi Klugah to Lome to live with P.W.2 where
she was to attend school, and that the deceased remitted her £G10 monthly for
the young girl’s upkeep and living. According to the plaintiff she was herself
receiving a monthly stipend from the deceased varying from £G10 to £G15 as she
was then trading on a small scale. The plaintiff maintained that customarily on
the death of her brother, the responsibility for the care and maintenance and
educational training of the three children of the deceased fell upon her, and
that in order to enable her to carry out that duty, she intensified her trading
business, and further in order to enable her to carry out that business
succes</main>